ISLAMABAD: The Islamabad High Court (IHC) on Thursday sought a detailed response from the federation and the National Accountability Bureau (NAB) on a petition challenging the extension of physical remand in NAB cases from 14 to 40 days through an ordinance.
Justice Raja Inaam Ameen Minhas issued notices to the respondents while hearing an application filed by a citizen, directing them to furnish the record of cases in which remand exceeding 14 days was granted after the promulgation of the NAB amendment ordinance.
During the hearing, counsel for the petitioner, Muhammad Azhar Siddique, argued that the court had earlier directed the federation to provide province-wise and bureau-wise data of all such cases, along with reasons and justification for promulgating the ordinance under Article 89 of the Constitution.
He contended that despite the lapse of considerable time, the authorities had failed to comply with the court’s directions and had not submitted the required record. The counsel maintained that the federation had only stated verbally that the ordinance would be placed before parliament, but no documentary proof was presented. Subsequently, the ordinance lapsed without being enacted into law.
Orders record of cases where remand exceeded 14 days
The petitioner’s counsel argued that the lapse of the ordinance did not render the matter infructuous, as key constitutional questions regarding its issuance, application, and validity remained unresolved. He submitted that the power to promulgate an ordinance under Article 89 is conditional and subject to judicial review.
The counsel further pointed out that the failure to disclose any emergency circumstances necessitating the ordinance, as well as the omission to place it before parliament, raised serious questions about its constitutional validity.
He requested the court to direct the federation to submit reasons, emergency circumstances, and legal justification for promulgating the ordinance, and to provide a comprehensive list of all cases in which remand exceeding 14 days was granted under the impugned law.
After a preliminary hearing, the court issued notices to the federation and NAB, sought their response, and adjourned further proceedings.The petitioner has challenged the legality of the ordinance that enhanced the physical remand period of accused persons in NAB cases from 14 days to 40 days.
Published in Dawn, April 3rd, 2026
